Archive for the ‘Stand Your Ground Law’ Category

CCW Weekend: Learning The Limitations Of Stand Your Ground Laws – Daily Caller

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By Sam Hoober,Alien Gear Holsters

Stand your ground laws in many ways are a good thing, as it establishes a persons right to defend themselves from an attacks by violent persons. In an ideal world, no one would ever have cause to fear for their safety, but since we live very differently from how we should, that isnt the case in real life. There are bad people out there.

In the states where such statutes exist, the general gist is that a person can defend themselves anywhere they are attacked, with lethal force if necessary. Granted, the exact wording and mechanisms of the law differs from state-to-state; some give a person wider latitude than others. Some states also have a stand your ground law established by case law, rather than by legislation.

However, these laws do come with limitations, just as Castle Doctrine laws do, so it behooves a person to do their homework and familiarize themselves with the appropriate laws in their city and state, especially if they plan to put on a concealed carry holster and carry a gun. Knowing when you can or cant shoot is just as important, if not more so, than knowing how to.

Just like almost all states self-defense laws, Stand Your Ground laws require that any use of force be preceded by a reasonable fear of death or severe injury prior to initiating force on anyone. A person therefore would have to have a reasonable fear that they will be killed or severely injured prior to acting.

For instance, retired police captain Curtis Reeves, 74, was involved in a shooting at a movie theater in 2014. Reeves began arguing with another moviegoer, one Chad Oulson, about texting during the movie. When the other patron threw his popcorn at Reeves, Reeves drew his pistol and shot, killing Oulson. He claimed that he was acting within the purview of the Florida Stand Your Ground Law.

Unfortunately, the court did not agree and in March of this year, Reeves was scheduled to stand trial for second-degree murder. The judge didnt buy the argument, according to the Tampa Bay Times, as evidence (including video surveillance of the incident) didnt corroborate Reeves version of events or that anything worse than a bit of popcorn was sent his way.

While Floridas law has been criticized for being too permissive, there have been people convicted in that state for acting outside the bounds of the statute. Cases from that state tend to be the most widely disseminated as the Sunshine States law was one of the earliest examples as well. For instance, one Michael Dunn was convicted of first-degree murder as well as other charges in 2014 as a result of a Nov. 12, 2012, incident in Jacksonville that involved Dunn.

Dunn, according to NBC Miami, got into an argument with several teenagers in an SUV over their playing music too loud. Dunn claimed he saw something resembling a gun as one of the young men in the car rolled their window down. He fired 10 shots into the car, killing 17-year-old Jordan Davis. Dunn never called police to report the incident, instead heading straight back to his hotel room with his fiance.

Clearly, both incidents would appear outside the bounds of what could be called self-defense. In both incidents, the law was invoked after both parties initiated a conflict with the parties that became deceased. In both incidents, there was nothing that could reasonably be considered a legitimate threat to life or limb.

In both incidents, someone is now dead over something incredibly stupid.

These laws exist to confer legal protection for a person who responded to a real threat on their life or limb, not as a means to shoot people over trifles. A responsible citizen knows not to get into such situations, as quibbles with others over such ephemera is never worth it, and certainly knows not to draw their gun unless facing a serious threat.

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Sam Hoober is Contributing Editor for AlienGearHolsters.com, a subsidiary of Hayden, ID, based Tedder Industries, where he writes about gun accessories, gun safety, open and concealed carry tips. Click here to visit aliengearholsters.com.

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CCW Weekend: Learning The Limitations Of Stand Your Ground Laws - Daily Caller

State bill takes aim at North Carolina’s ‘stand your ground’ laws – The Daily Tar Heel

Jordyn Connell | Published 04/20/17 12:54am

Customers shop for guns at Jim's Pawn Shop in Fayetteville, North Carolina. Josh Hondorp, manages the pawn business at the store, also sells guns and features a shooting range Photo Courtesy ofDavid Zucchino/Los Angeles Times/MCT.

If passed, the Gun Safety Act, or House Bill 723, would change current stand your ground laws in North Carolina.

N.C. Rep. Verla Insko, D-Orange, and Rep. Pricey Harrison, D-Guilford, introduced the bill April 10 to the N.C. House of Representatives.

We have too many horrific, often accidental, gun deaths, and I believe in common sense gun laws that would help control some of that, Insko said.

Insko said she signed the bill because of N.C. House Bill 588 which she believes makes guns and ammunition more available to citizens in North Carolina.

We dont have to have people armed to fight a war by themselves, she said.

There is more than one gun per person in the United States, making it the most heavily armed nation in the world, Insko said.

The stand your ground law is not needed, she said.

Insko said this first revision of the bill will repeal the stand your ground laws, which permit the use of deadly force if you are presumed to be in danger when someone enters your house, vehicle or workplace uninvited.

Thats giving an individual the right to be the judge, jury and executioner all at once, she said.

When there are professionals who are trained in crowd control and know when or when not to use deadly force, Insko said citizens do not need to protect themselves.

Most of the people breaking and entering dont do damage and harm anybody, she said.

N.C. Rep. Larry Pittman, R-Cabarrus, said in an email the bill would limit self-defense to inside ones home.

Currently, it is recognized that citizens have a right to defend themselves outside the home, as well, Pittman said.

Pittman said he thinks House Bill 723 violates the Second Amendment of the U.S. Constitution.

If it were to pass, what it would mean for the State is the reduction of freedom for our law-abiding citizens, he said in the email.

Pittman said the bill presents an unjust requirement for legal gun owners.

I am adamantly opposed to this or any legislation that makes our law-abiding citizens more vulnerable to attack, Pittman said.

Current law already provides restrictions and limitations on those who possess of firearms should only be restricted in limited situations as current law provides, he said.

Every honest citizen has a God-given right to self-defense, wherever they may be, Pittman said.

Paul Valone, president of gun rights organization Grass Roots North Carolina, said the N.C. House continues to introduce similar bills to keep their constituents happy when it knows they will never get to a committee hearing.

(We) shouldnt be wasting time on it because the bill is dead on arrival, Valone said.

Valone said while stand your ground laws are necessary, the Castle Doctrine is key.

The (Castle Doctrine) creates a rebuttable legal presumption that if somebody forcibly and unlawfully enters your home, your motor vehicle or your workplace, then you are presumed to have a reasonable fear of eminent death or great bodily harm, Valone said.

He said he thinks the new bill is no more effective than current law, which already restricts the contexts under which an individual can use force to defend themselves. And Valone said the motivation for the bill is wrong.

(Verla Insko is) utterly wrong and demonstrating the ignorance that gun control advocates generally profess, he said.

Current law was crafted to add protections and allow for judicial discretion, he said.

The idea that someone is going to be wrongfully killed is absurd, he said.

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State bill takes aim at North Carolina's 'stand your ground' laws - The Daily Tar Heel

Explaining Stand Your Ground law – kwwl.com

CEDAR FALLS (KWWL) -

The Stand Your Ground law is months away from taking effect in Iowa.

Lawmakers say it will allow Iowans to use deadly force to avoid injury or possible death.

Steven Foote, an employee at Mr. Guns in Cedar Falls, says the new bill is cut and dry.

"You no longer have the duty to retreat if you're confronted with a situation," explained Foote.

Foote says the biggest part of the Stand Your Ground bill is that peopleno longer have to try and run away if they feel they're in danger.

"If you're in the process of being mugged you no longer have to try and run away first, you can simply use what force is necessary to stop the situation right there on the spot," said Foote.

The force used isn't limited to a gun.

"It could be whatever weapon you happen to have on hand," said Foote."You don't always have your fire arm with you soit could easily be a flash light or monkey wrench."

Right now in Iowa the old law still applies.

"The way the law is currently written means that if you're confronted with a certain situation you need to back up and try to run away or get away if you can," said Foote.

Soon Iowanscan stand theirground anywhere.Whether that be on theirproperty or in town. This is something that worries some people.

"Another big misconception is that therewill be blood in the street, which is what they always claim," said Foote. "Every other state in the union that has had the stand your ground lawenactedhas not had blood in the street."

A huge concept Foote stresses is a person's life needs to be in danger before they can shoot or use another weapon.

"You have to be in jeopardy," said Foote."You need to be in great bodily harm or near death, so you have to be in jeopardy in order to use deadly force, period."

Foote says right now people in Iowa still have to try and run away.

Adding a lot of the time it's scary to turn your back on a person who might hurt you, but this bill will solve that problem.

The Stand Your Ground bill goes in to effect July 1.

Right now Iowa law remains the same. Lawmakers say you must try and retreat before using deadly force.

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Explaining Stand Your Ground law - kwwl.com

North Carolina may reconsider ‘stand your ground law’ – WNCT


WNCT
North Carolina may reconsider 'stand your ground law'
WNCT
GREENVILLE, N.C. (WNCT) A bill making its way through the General Assembly would repeal and replace North Carolina's stand your ground law. The current law gives residents the right to defend themselves with deadly force in their home, workplace ...

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North Carolina may reconsider 'stand your ground law' - WNCT

NC lawmakers seek to repeal parts of state’s ‘Stand your ground’ law – WNCN

RALEIGH, N.C. (WNCN) For Paul Morgan,North Carolinas Stand your ground law is personal.

On May 23, 2016,Morgan says a man was breaking into his Wilson home when he shot and killed the intruder.

I was scared. I did what I had to do, Morgan said.

The incident happened in the middle of the night.

The 71-year-old and his wife were asleep when they heard that suspect trying to kick in their front door.

We thought somebody, he was going to break in and kill me and my wife. I just did what I had to do, Morgan said.

Morgan showed CBS North Carolina the bullet holes in his front door.

Morgan said he warned the intruder several times to stop and that when he didnt listen, thats when Morgan fired two shots through his door.

I think about it just about every day because thats not something I dont want to take nobodys life and I dont want nobody to take mine, Morgan said.

After investigating, Wilsonpolice and the district attorneys office decided not to charge Morgan.

If youre coming into someones house, I think its wrong. Especially that time of night. Both of us were in the bed. So he just protected us, Morgans wife,Gladys, said.

A bill now being introduced in the North Carolina House would repeal the states stand your ground law.

The Trayvon Martin case proved that it can be used in a way to justify a killing that was unjustifiable, said Rep. Pricey Harrison (D-Guilford).

Harrison is one of the sponsors of House Bill 723.

Its not necessary. I think It leads to more mayhem and death and we just feel like it shouldnt be on our books,Harrison said of the current law.

Under the current law, residents have the right to defend themselves with deadly force in their homes, vehicles and workplaces.

HB723 would limit that to just the home.

House Speaker Tim Moore defended the existing law. He says the new bill doesnt have the support to move forward.

It doesnt give you the right to go out and use lethal force for someone trespassing, Moore said. You have to still be able to articulate that you can a reasonable fear of imminent physical injury.

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NC lawmakers seek to repeal parts of state's 'Stand your ground' law - WNCN